What Shows Up in a Gun Background Check?

The Second Amendment to the United States Constitution guarantees the right of American citizens to bear arms. But in an attempt to protect the country from gun violence, such as mass shootings or accidental shootings of citizens, both states and the federal government have put laws in place to require background checks for gun purchases that take place with federally licensed firearms dealers. These background checks are meant to disqualify potential gun buyers with prior criminal records, domestic violence orders against them, or mental health issues from purchasing a gun.

Background Check Requirements

Before a firearm transfer can take place, a gun dealer is required to contact the National Instant Criminal Background Check System (NICS) which is run by the Federal Bureau of Investigation (FBI). The Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) is also involved in the process by issuing federal firearms licenses (FFL) to gun sellers.

But despite record numbers of people getting gun background checks on the way to gun ownership, you may still be uncertain as to what exactly what the government is looking for. Here's a list of some red flags that may alert the authorities:

• Felony convictions with a possible punishment for one or more years.
• Being a fugitive or convicted felon who's not allowed to own guns.
• Addiction to controlled substances.
• Persons deemed to suffer from a mental disorder or mental illness.
• Illegal aliens and those residing unlawfully in the United States.
• A dishonorable discharge from any branch of the armed forces.
• Persons subject to a domestic violence protective order or restraining order.

The exact method of the background check will depend upon what state you live in. In general, there are three methods for conducting FBI gun background checks through the National Instant Criminal Background Check System (NICS):

1. Some states will act as the point of contact for the background checks. This means the state conducts the NICS background check and may supplement that information by checking a state criminal database as well.
2. In states that decline to serve as the point of contact, the licensed firearm dealer will initiate the background check by contacting the NICS call center. The FBI conducts the NICS check and determines whether or not the transfer would violate state or federal law.
3. Finally, some states use a hybrid system in which the state handles background checks for handguns, but licensees should contact the NICS for long guns.

Are Background Checks Required for All Gun Sales?

Keep in mind that under current law, FBI gun background checks are only required when guns are being sold by federally licensed firearm dealers. This is true whether the sale takes place at a store, online, or at a gun show.

Private sellers are not required to run firearm background checks for gun sales. This loophole for a private sale has been an issue for many years that law enforcement, gun control advocates, and governments have been trying to close. Some state laws require background checks for private firearms purchases but currently there are no universal background checks that cover all of America.

Related Resources:

• Gun Laws (FindLaw’s Learn About the Law)
• Background Checks at Gun Shows: The Latest Developments (FindLaw's Law and Daily Life)
• Federal Courts Uphold Limits on Guns but Not Ammo (FindLaw’s Federal Courts)